Sikes v. Crager (In re Crager), No. 11-30982, 2012 WL 3518473, at *2 (5th Cir. Aug. 16, 2012) (Higginbotham, Haynes, Higginson)

Not per se bad faith that debtor’s attorney will receive almost all money paid to trustee under plan. “There is no rule in this circuit that a Chapter 13 plan that results in the debtor’s counsel receiving almost the entire amount paid to the Trustee, leaving other unsecured creditors unpaid, is a per se violation of the ‘good faith’ requirement.”

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Unjust Enrichment from Spouse’s Defalcation Leads to a NondischargeableDebt

Leee Miyahira

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Debtor’s spouse’s liability for damages resulting from wrongdoings may be nondischargeable debt of the debtor if debtor was unjustly enriched by spouse’s wrongdoing. In this very well written case synopsis, 3rd year law student Leee Miyahira looks at a unique case out of Hawaii.

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Will Artificial Intelligence Run Wild on the Legal Profession?

William F. Jaworski, Jr.

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This is a must read for everyone. Trustee Jaworski provides readers an excellent handbook on AI as we know it now - what it is; how it is being used in the law; ethical considerations; and even court decisions.

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 13 debtor may include a provision in the Chapter 13 plan that only estimates the duration of the plan and, absent an objection, such provision would cause the debtor’s plan to terminate and the debtor receive a discharge when the claims have been...

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Holiday Memories

The NACTT Emeritus Trustees

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We thought it would be enjoyable during this time of year to share some memories of the Holiday Season.

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The Honorable John P. Gustafson

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M. Jonathan Hayes

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Launching a new feature - Supreme Court Corner - Jon Hayes will periodically share a look at a historical bankruptcy case. As the title indicates, Sturges v. Crowninshield looks at state bankruptcy law in the absence of federal law.

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Trustee May Use Any Law Available to Avoid a Transfer

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By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) *Special thanks to Gretchen D. Holland for editing this article. Facts In Vieira v. Gaither (In re Gaither), Bankr. D. S.C., # 18-01317-dd, Adv. Pro. 18 80040-dd, Chapter 7 case; 11/30/18 opinion (Duncan); 2018 Bankr. LEXIS 3816, the Debtors’ son died in an aviation accident in...

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Introduction In 2016, the American Bankruptcy Institute’s president, Eugene Wedoff, retired bankruptcy judge from the Northern District of Illinois, proposed to the ABI Board that a commission be established to examine the current status of consumer bankruptcy laws, rules, and cases with the goal of its making general suggestions...

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